Order Below Exh.1 in Cri.B.Appln.No.467/2022 CNR NO.MHNS010017482022

Dinkar Krushan Lilake Vs. State.

Heard:

Ld. Adv. Mr. R. Y. Patil for the applicant. Ld. A.P.P. Ms. S.S. Sangle for the State.
I. O. present.

Perused the say filed by the complainant/victim.

1. This is an application under Section 439 of the Code of Criminal Procedure, 1973 in Crime No.113/2022 registered at Police Station, Dindori, Dist­Nashik for the offence punishable under Section 376(1), 323, 506 of the Indian Penal Code, 1860. It is the case of prosecution in brief that when the victim was returning home from the field, the accused/applicant stopped her, raped her and fled when he saw the victim’s relatives approaching her.

2.Ld. Adv. for the applicant has submitted that the applicant and the victim were having an extra­marital affair since the past several years. They both are married and have children from their respective marriages. She had willingly accompanied him to the alleged spot. It is only when her relatives saw them together and informed her husband about it that she lodged a false FIR in order to save face from the embarrassment. There is therefore substantial delay in lodging FIR which itself states that the FIR is lodged after consulting with her husband and relatives and in the presence of her husband. Material part of the investigation is over and charge­ sheet is about to be filed. Applicant is ready to abide by the
terms and conditions imposed by the Court.

3.Per contra, Ld. A.P.P. has opposed the application on the ground that there is prima­facie case against the applicant.

4.Material part of the investigation is over and charge­ sheet is about to be filed. In view thereof, I am inclined to allow the application subject to the following terms and conditions.

ORDER

1] Application is hereby allowed.

2] Applicant Dinkar Krushan Lilake be released on bail by executing P.R. and S.B. of ₹30,000/­ with one or two local sureties of like amount.

3] Applicant shall not directly or indirectly, make any inducement, threat or promises to any person acquainted with the facts of accusation, so as to dissuade him/her from disclosing such facts to the Court or to the police officer and shall not tamper with the prosecution witnesses in any manner.

4] Applicant shall not commit any offence and shall attend all dates of hearing after filing of charge­sheet.

5] Applicant is duty bound to inform the I.O. and the court about his change of address, if any.

6] Applicant shall furnish residence and ID proof of two blood relatives to the I.O.

(Dictated and pronounced in open Court)

MRIDULA BHATIA Nashik 21/04/2022 Digitally signed by MRIDULA BHATIA Date: 2022.04.22 11:18:18 +0530 Mridula Bhatia District Judge­ 2 and Additional Sessions Judge, Nashik.